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Toronto cop avoids jail for handcuffed prisoner assault

Toronto police Const. Matthew Glen pleaded guilty to assaulting a handcuffed prisoner who had behaved abusively but escaped jail time in the sentencing handed down Monday. He faces 30 months' probation and a police disciplinary hearing that could result in his dismissal. (Lucas Oleniuk / Toronto Star) | Order this photo

A Toronto police constable who punched and kicked a belligerent yet “defenceless” prisoner was spared jail Monday when a judge imposed a suspended sentence of 30 months’ probation.

Const. Matthew Glen, 34, pleaded guilty last year to one count of assault causing bodily harm after he struck an “abusive” drunk-driving suspect under arrest at 41 Division in Scarborough early on July 22, 2011.

A fellow officer reported Glen’s actions to superiors and was willing to testify against him.

Crown attorney Andrew Cappell had asked that Glen be jailed four to five months, followed by probation. Defence lawyer David Butt called for a suspended sentence and probation.

Ontario Court Judge Rebecca Rutherford said a message of deterrence and denunciation could be sent by placing Glen on probation for 30 months. She ordered him to report to a probation officer, perform 150 hours of community service and attend anger management counselling.

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Glen is still subject to a police disciplinary hearing and could be fired, something a jail sentence would have virtually guaranteed.

Aggravating factors included Glen’s sworn duty to uphold the law and the fact the victim, David Atkinson, had his hands handcuffed behind him. “He (Glen) not only breached his duty of care to Mr. Atkinson but he also breached his duty of care to the public,” Rutherford told court.

But there were also “strong” mitigating factors in this case, she said. Atkinson had harangued officers with profanity and threatened to kick Glen in the teeth, after which the officer punched him three times in the face.

Atkinson’s behaviour in “no way justifies what happened but gives some explanation,” the judge said.

Glen also kicked Atkinson, who was seated, in the face, “wrongfully” believing he had spit blood at him, Rutherford said. Const. Thomas Reimer, a traffic service officer who had arrested Atkinson for impaired driving, yelled at Glen to leave the room and reported him to two sergeants.

Atkinson suffered two chipped front teeth, a swollen eye, cheek abrasions, a large forehead contusion, a sore jaw and cuts to his mouth.

The judge noted Glen was under personal stress at the time and has demonstrated remorse by writing Atkinson an apology and pleading guilty.

“He accepts full responsibility and in no way blames Mr. Atkinson,” she said. But for this “terrible lapse in judgment” he is a well respected, hard-working police officer with an exemplary record. Since his arrest, Glen has been assigned to roles where he has no dealings with the public.

The Attorney General has 30 days to appeal.

In her ruling, Rutherford cited last year’s decision by Superior Court Justice Michael Code overturning a 90-day jail sentence imposed on Toronto Police Const. Bryan Thomas, convicted of assault causing bodily harm. Code found while the jail term was well within the appropriate range of sentence for assaults by police officers, it overlooked the “powerful list of mitigating circumstances.”

Butt said if his client doesn’t abide by the “onerous” terms of his 30-month probation, he can be brought back to court and sentenced to jail.

“The key message from her judgment is that police officers will be held accountable for serious breaches of trust such as occurred in this case,” the lawyer said.

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